Articles Posted in Abuse & Neglect

Published on:

By David A. Wolf, Attorney – Child Injury Lawyer Blog
Day Care Video Surveillance.001When a child is injured at a day care center, it can at times be a mystery as to how and why the child was injured.  This is especially true when a day care center work lies or hides acts of abuse, neglect, and corporal punishment.  Video surveillance, at times, captures the very acts of abuse or neglect inflicted by the very same day care center providers who have the legal duty to protect, support, education, and care for the child.  Most states prohibit any kind of corporal punishment and criminalize the acts.  As such, if a day care center work strikes a child, criminal charges can be brought against the day care center work; however, it should be noted that the criminal prosecution of a day care center worker caught on video hitting a child is not automatic.
Each incident or case is evaluated by the local law enforcement and the prosecutor’s office to determine if a crime was committed and if enough evidence can be presented to successfully prosecute the day care center worker.  If bad acts are caught on video, many people may assume that the day care center work is going to jail or prison; however, no assumptions or presumptions should be made on any particular case as to criminal prosecution.  Furthermore, it should be noted that the pursuit of a civil case is also something that needs further review by the parents and a Child Injury Lawyer as to the elements of the case and the practicality of pursuing the case.  The elements of a civil case or claim for day care center negligence, harm, assault, or corporal punishment are as follows:
Published on:

By David A. Wolf, Attorney
Child Injury Lawyer Blog
Kids Wooden Blocks Falling As Symbol For Education And Learning
In Oklahoma and other states, hard working parents rely on day care centers for the proper supervision and education of their children.   With both single parents and dual income parents, day care centers have become a necessity in order for parents to support their children.  Most day care centers do a fine job in caring for children in a loving and nurturing way; however, there are far too many child care providers out there who lack the maturity, patience, responsibility, and common sense to serve as a proper day care provider.  While it should be well known out there that shaking a baby, infant, or toddler can cause serious permanent injuries, there continues to be incidents reported that children have been injured by forceful shaking, corporal punishment, and / or the hitting of a child.  This, in turn, caused serious head and brain injuries to child who was supposed to be cared for rather than harmed in the day care center setting and environment.
Published on:

By David A. Wolf
Child Injury Lawyer Blog
Justice Red White and BlueWorking parents do their best to support the family.  In doing so, working families need the services of day care centers.  Most day care centers are well run by caring individuals.  However, there are many day care incidents and wrongful death incidents out there that do and should cause concern for all working parents which children enrolled in a day care center.  When a child dies, there are in many instances more questions than answers and sensible explanations for the death of the child.  It should be made clear that an infant and toddler at a day care center need supervision at all times including sleep and nap time.  When a child mysteriously dies at a day care center, there is typically an investigation by local law enforcement and the social service agency that licenses day care centers.  An autopsy should be performed to help determine the cause and preventability of the death of the child.
Published on:

By David Wolf, Attorney
Published by Child Injury Lawyer Blog

ChildAbuse-IconDavidBusy working parents rely upon day care centers, child care centers, and summer camps to provide a safe learning environment for children. On most days for most children, there is excellent education, supervision, and care.  Unfortunately, for far too many children, a day care center, child care center, or summer camp is the site of a abuse, neglect, and molestation of a child.  It is tragic when a child is subject to abuse or neglect in the very environment where the child should be protected.  When a child is abused or neglected in a day care center, the parent of the child can pursue a civil case or claim against the day care center, the day care center worker, and others who may be liable or at-fault for the injuries caused to the child.  It should be noted that a civil case is quite different than a criminal case or an administrative case against the day care center work and owner.  A civil case can be brought assuming that a parent can establish the following four elements against the Defendant as follows:
Published on:

By David Wolf, Attorney

Published by Child Injury Lawyer Blog

Building Block - M - Day Care CenterIn Connecticut and other States, day care centers, schools, and summer camps should be safe havens for children. Unfortunately, at these very locations, children are subject to abuse, neglect, and corporal punishment. Let’s face it. Children, at times, will misbehave and fail to follow instructions. However, this is no reason for hitting or striking a child in a day care, school, or summer camp setting. In fact, there are no good reasons to justify the abuse, neglect, corporal punishment, or exploitation of a child. When a child is abused or neglected in a child care setting, there may be one or more legal proceedings that result from the alleged bad conduct of the day care provider. There may be an arrest or criminal prosecution in the form a criminal case. There may be a fine levied against the day care center or a suspension of the license in the form of an administrative procedure. There may also be a civil case or claim against the individual day care center provider and / or business for the injuries / damages suffered by the child. It should be noted that the pursuit of any one of the three types of cases are not dependent on each other. For instance, a civil case or claim can be pursued even if there are no criminal charges filed.

Published on:

By David Wolf, Attorney and Samantha Vloedman, Law Clerk

Published by Child Injury Lawyer Blog

Illustration of lady statue of libery facing front holding weighing scales of justice and sword set inside crest shield on isolated white background.

When a child is being cared for at a day care center, school, summer camp, or other person / entity, a parent should be able to rely on the good nature of people and organizations that the child will be cared for in a nurturing manner by adults who really promote the best interests of their child. Unfortunately, people in trust like child care providers, babysitters, and even family members use these unique opportunities to abuse, neglect, and molest the very children under their care.

Published on:

By David Wolf, Attorney

book-abcChild care providers should provide each and every child with a safe environment.  There is a duty to provide reasonable and necessary supervision.  While a day care center owner is not liable for every injury that takes place, it can be held liable for those injuries that result from the negligence or carelessness of the day care center provider.  It is vital that a day care center provider not only provide reasonable and necessary supervision but it is also important to provide prompt care and follow up when an injury or condition is observed by the day care center.   Unfortunately, many day care center providers attempt to “sweep or hide an injury under the rug” and fail to inform the parents of the injury so that timely and necessary medical care can be provided to the injured child.
Published on:

By  David Wolf, Attorney

Published by Child Injury LawyeBlog

Building Block - M - Day Care CenterWorking parents and guardians rely upon day care centers to provide a safe and nurturing environment for children.  Unfortunately, at some day care centers, a day can be filled with neglect and abuse at the hands of the very caregivers responsible for keeping the children safe and out of harm’s way.  The truth is that many child care providers lack the training and financial motivation to do a good job.  Many child care providers are immature and just lacked the proper upbringing and maturity to provide the necessary care for children.  It is a known fact that children misbehave or do not follow all instructions.  This is especially true for infants and toddlers.  It is certainly an expected part of the job to deal with difficult children or good children who occasionally misbehave.   The child care provider needs to have patience, understanding, and a strong conviction to do the right thing and to act in the best interest of the child.  When a child care provider is accused of wrongdoing, a police investigation and criminal investigation may result.   Police and prosecutors are quite busy and do not pursue or prosecute every case or incident that is reported.   As such, many acts of wrongdoing may not be prosecuted if investigators do not believe that the injuries warrant OR if investigators believe that proof of the malicious intent cannot be provided beyond a reasonable doubt.
Published on:

By  David Wolf, Attorney

Child Care Note Or Message As Reminder For Kids Daycare
In North Carolina and other states, parents rely upon babysitters to provide supervision and care for children while the parents are at work or otherwise running errands for the family.  Most babysitters are caring individuals who put the necessary time and effort into properly caring for the child; however, there are some babysitters out there who lack the patience, skill, and common sense to safely care for children.   Some of these absolutely careless and reckless babysitters are very young and some are very old. There are bad babysitters of all ages out there.  It is amazing that babysitters still think that it is acceptable to beat, spank, or shake a child even an infant when the child is crying or acting up.